A. A Planning Board is hereby established consisting of nine (9) members who shall serve for a term pursuant to N.J.S.A. 40:55D-23, except, upon the adoption of this chapter, the present members of the Planning Board now holding office shall continue therein until present terms expire. The Class I and Class II members shall be appointed by the Mayor. The Class III member shall be appointed by the Borough Council. Class IV members shall be appointed by the Mayor. The terms of all Class IV members first appointed under this section shall be determined so that to the greatest practical extent the expiration of such terms shall be distributed evenly over the first four (4) years after their appointment. The term of each Class IV member shall not exceed four (4) years. The Planning Board shall have all the powers delegated to it under the provisions of the Municipal Land Use law.'

B. Alternate members of the Planning Board may be appointed as follows: one (1) alternate member in Class II; one (1) alternate member in Class III; two (2) alternate members in Class IV. Alternate members of Classes II and III shall be appointed for terms to expire at the same time as the terms of regular members of their respective classes. Alternate members of Class IV shall serve for terms of two (2) years; provided, however, that in the event that two (2) alternate members of Class IV are appointed, the initial ter-ins of such members shall be one (1) and two (2) years, respectively. Such alternate members shall be designated by the Chairman as "Alternate No. 1" and "Alternate No. 2, " and shall serve in rotation during the absence or disqualification of any regular member or members of Class IV. Alternate members of each class shall be appointed by the same appointing authority as regular members of that class.

A. Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Board of Adjustment shall elect a Chairman and Vice Chairman from its membership. Both Boards shall select a Secretary and Assistant Secretary who may or may not be members of the Board or municipal employees.

B. Attorney. There is hereby created the office of Planning Board Attorney and the office of Attorney to the Board of Adjustment. Each Board may annually appoint, fix the compensation of or agree upon the rate of compensation of their respective Board Attorney, who shall be an attorney other than the Municipal Attorney.

C. Experts and staff. Both Boards may employ or contract for the services of experts and other staff and services as they may deem necessary. Neither Board shall authorize expenditures which exceed, exclusive of gifts or grants, an amount appropriated by the governing body for its use.

D. Rules and regulations. Each Board shall adopt such rules and regulations necessary to carry out its duties.

E. Conflicts of interest. No member shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any member shall disqualify himself, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.

F. Meetings.

(1) Meetings shall be scheduled no less than once a month, and any meeting shall be held as scheduled unless canceled for lack of applications for development to process.

(2) Special meetings may be called by the Chairman or on request of any two (2) Board members, provided that there is notice to the members and public in accordance with all applicable legal requirements.

(3) No action shall be taken at any meeting without a quorum being present. All actions shall be by majority vote of a quorum, except where a specified portion of the full authorized membership is required pursuant to N.J.S.A. 40:55D-9, 55D-26, 55D-34 and 55D- 70d.

(4) All meeting shall be open to the public. Notice of meetings shall be given in accordance with the Open Public Meetings Law, Chapter 231 of the Laws of New Jersey 1975.

G. Minutes. Minutes of regular and special meetings shall be kept and shall include the names of persons appearing and addressing the Board and of persons appearing by attorney, the action taken, the findings, if any, and reasons therefor. The minutes shall be made available for public inspection during normal business hours at the office of the Borough Clerk. Any interested party shall have the right to compel production of the minutes and be charged a fee for their reproduction.

H. Hearings.

(1) Rules. Both Boards may wake rules governing the conduct of hearings. The rules shall be consistent with N.J.S.A. 40:55D-1 et seq. and this chapter. The approving authority may waive the required notices and hearing for minor and exempt subdivisions and site plans except where a variance or conditional use is part of the application.

(2) Oaths. The presiding officer or such person as he may designate shall have power to administer oaths or issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

(3) Testimony. The testimony of all witnesses shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be ,permitted to all interested parties through their attorneys, if represented, or indirectly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

(4) Evidence. Technical rules of evidence shall not be applicable, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

(5) Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. Each Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.

(6) Certified court reporter. If an applicant desires a certified court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the approving authority shall be at the expense of the applicant, who shall also arrange for the reporter's attendance.

(7) When any hearing before either Board shall carry to two (2) or more meetings, a member of the Board who was absent for one (1) or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one (1) or more of the meetings, provided that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

The approving authority shall hold a public hearing on each application for development, except that the approving authority may waive the required notices and hearing for minor and exempt subdivisions and site plans unless a variance or conditional use is part of the application. All public hearings conducted on subdivisions, site plans or variances before either the Board of Adjustment or Planning Board shall follow the requirements of the Municipal Land Use Law as summarized below (N.J.S.A. 40:55D10, 55D-11 and 55D- 12):

A. Any maps and documents submitted for approval shall be on file and available for public inspection at least ten (10) days before the hearing date during normal business hours in the office of the administrative officer.

B. Each decision on any application shall be in writing and shall include findings of facts and conclusions based thereon.

C. A copy of the decision shall be mailed by the approving authority within ten (10) days of the date of the decision to the applicant or. if represented by an attorney, then to the attorney, and a copy shall also be filed in the office of the administrative officer. A brief notice of the decision shall also be published in the official newspaper of the borough. the publication of which shall be arranged by the administrative officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

D. All notices shall state the date, time and place of the hearing, the nature of the matters to be considered and an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers and the location and time(s) at which any maps and documents are available for public inspection.

E. All hearing notices shall be the responsibility of the applicant and shall be given at least ten (10) days prior to the hearing date:

(1) Public notice shall be given by publication in the official newspaper of the borough, if there is one, or in a newspaper of general circulation in the municipality.

(2) Notice shall be given to the owner of all real property, as shown on the current tax duplicate, located within two hundred (200) feet in all directions of the property which is the subject of such hearing. This notice shall be given by either serving a copy thereof on the property owner as shown on the current tax duplicate or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate.

(3) Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.

(4) Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality.

(5) Notice shall be given by personal service or certified mail to the County Planning Board where the hearing concerns a property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within two hundred (200) feet of a municipal boundary; to the Commissioner of Transportation where the hearing concerns a property adjacent to a state highway; or to the Director of the Division of State and Regional Planning where the hearing concerns a property which exceeds one hundred fifty (150) acres or exceeds five hundred (500) dwelling units. The notice to the Director shall include a copy of any maps or documents required to be on file with the administrative officer.

F. The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing. Any notice made by certified mail shall be deemed complete upon mailing.

These regulations shall not abate or modify any action, penalty, liability or right pending upon any ordinance repealed by the adoption of this chapter except as expressly provided in this chapter.

If any provision of this chapter shall be adjudged by the courts to be invalid, such adjudication shall apply only to that provision, and the remainder of this chapter shall be deemed valid and effective.

A. In case of any violation of this chapter, the borough or an interested party may institute appropriate action to prevent such violation; to restrain, correct or abate such violation; to prevent the occupancy of said structure or land; and to prevent any illegal act, conduct, business or use in or about such premises. Any person convicted of such violations before a court of competent jurisdiction shall be subject to a penalty not to exceed five hundred dollars ($500.) and/or ninety (90) days in jail. Each day shall be deemed a separate violation.

B. If, before final subdivision approval, any person as owner or agent transfers or sells, or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, any land which forms a part of a subdivision for which municipal approval is required, such person shall be subject to a penalty not to exceed one thousand dollars ($1,000.), and each lot disposition so made may be deemed a separate violation.

C. In addition, the borough may institute and maintain a civil action:

(1) For injunctive relief; and

(2) To set aside and invalidate any conveyance made pursuant to such contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, but only if the municipality has a Planning Board and has adopted by ordinance standards and procedures in accordance with N.J.S.A. 40:55D-38.

D. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years, if unrecorded.